The Queen v. Shum Ho Tang

IN THE COURT OF APPEAL

No. 316 of 1987
(Criminal)

BETWEEN

THE QUEEN

and

SHUM Ho-tang

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Coram: Hon. Silke, V.-P., Kempster & Hunter, JJ.A.

Date of Hearing: 13th October 1987

Date of Judgment: 13th October 1987

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JUDGMENT

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Hunter, J.A.:

1. In this matter Shum Ho-tang seeks an extension of time within which to appeal against sentence. The sequence of events is as follows. He was convicted on one count of robbery by a jury after trial before Bewley J. on 22nd August 1986. On 15th September he sought leave to appeal against his conviction. In that form he acknowledged this:

"It has been fully explained to me that if I appeal against both conviction and sentence at the same time one will not have any adverse effect on the other."

That application for leave to appeal against conviction was dismissed by this Court on 19th June of this year.

2. On 7th July he sought leave to appeal against his sentence out of time. The only explanation that he advances in an affirmation in support of his application, is that he did not understand in September 1986 that he could seek leave to appeal against both conviction and sentence.

3. Having regard to the passage I have just read from the application, that explanation is simply not credible. The matter is raised a very long way out of time. We can see no good reason for extending the time. The application for an extension of time is therefore refused.

E.C. Harris, Senior Crown Counsel for Crown

Applicant in person